VMware Studio

Please note that the EULA for this product has been updated. The EULA posted on vmware.com supersedes the EULA included in the product.

VMware, Inc. ("VMware") provides VMware Studio to you subject to the following terms and conditions. If you disagree with any of the following terms, then do not use VMware Studio.

1. VMware Studio contains a variety of materials, including but not limited to, interface definitions, documentation, and sample code regarding programming interfaces to one or more VMware products as referenced in such materials ("VMware Software"). VMware Studio is intended to serve as an environment for creating virtual appliances.

2.
Use Rights: Subject to the restrictions below, you may download and make a reasonable number of copies of VMware Studio for your use solely for the purpose of creating virtual appliances and related update repositories ("Developer Software"). You agree to defend, indemnify and hold harmless VMware, and any of its directors, officers, employees, affiliates or agents, from and against any and all claims, losses, damages, liabilities and other expenses (including reasonable attorneys’ fees), arising from your modification of the sample code, distribution or use of Developer Software or breach of this End User License Agreement terms and conditions.

3.
Restrictions: You agree that you will not (1) use VMware Studio to create, design or develop anything other than Developer Software; (2) make any more copies of VMware Studio than are reasonably necessary for the authorized use and backup and archival purposes; (3) modify, create derivative works of, reverse engineer, reverse compile, or disassemble VMware Studio, except that you may modify and create derivative works of, and distribute any code provided in VMware Studio that is designated by VMware in the VMware Studio documentation as "distributable code" solely as part of your Developer Software; (4) distribute, sell, lease, rent, lend, or sublicense any part of VMware Studio to any third party except as designated herein and as necessary to distribute Developer Software or; (5) use VMware Studio to (a) create, design or develop software or service to circumvent, enable, modify or provide access, permissions or rights which would violate the technical restrictions of VMware Software, any additional licensing terms provided by VMware via product documentation, email notification and/or policy change on VMware website, and/or the terms of the End User License Agreements of VMware products; (b) disable, remove, over-ride or modify the display of any VMware product End User License Agreements to the end customers; and (c) upload or otherwise transmit any material containing software viruses or other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any software or hardware with malicious intent. The restrictions in this Section 3 shall not apply if and to the extent they contradict mandatory law (including, but not limited to, law implementing the EC Software Directive) provided that, before you exercise any rights that you believe to be entitled to based on mandatory law, you provide VMware with 30 days prior written notice at
VMware_Studio_Issues@vmware.com and provide all reasonably requested information to allow VMware to assess your claim and, at VMware’s sole discretion, to provide alternatives that reduce any adverse impact on VMware’s intellectual property or other rights.

4. Any open source software in VMware Studio is provided under the terms of the open source license agreement or copyright notice accompanying such open source software in VMware Studio.

5. VMware retains ownership of VMware Studio, including without limitation all copyrights and other intellectual property rights therein.

6. You may not represent that the Developer Software you develop using VMware Studio are certified or otherwise endorsed by VMware unless it is qualified as "VMware Ready" by the VMware Ready Virtual Appliance Program. For more information about the VMware Ready Virtual Appliance Program, please go to the following link
www.vmware.com/appliances/partner/. You may not use the VMware name or any other trademarks or service marks of VMware in connection with programs that you develop using VMware Studio, except for "powered by VMware Studio’ that is displayed by default in VMware Studio built appliances.

7. You will not receive any VMware support or subscription services for VMware Studio or any other services from VMware in connection with VMware Studio unless you are qualified for support for VMware Studio through other VMware programs such as the Technology Alliance Program (Premier, Global, or Select) or you have purchased VMware Support and Subscription services for VMware Studio. If you have purchased support and/or subscription services for another VMware product, such support and/or subscription services shall not apply to VMware Studio or your use of VMware Studio.

8.
Term, Termination and Changes: This Agreement shall continue as long as you are in compliance with the terms specified herein or until otherwise terminated. You and or VMware each may terminate this Agreement for any reason at any time. You agree, upon termination, to destroy all copies of VMware Studio within your possession or control and cease all distribution of Developer Software, as defined in Section 2. The Limitations of Warranties, Liability and Indemnification sections set out in this Agreement shall survive any termination or expiration of this Agreement.

9.
Limitations of Warranties and Liability: VMWARE STUDIO IS PROVIDED "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, VMWARE DISCLAIMS ANY IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL VMWARE BE LIABLE FOR ANY LOST PROFITS OR BUSINESS OPPORTUNITIES, LOSS OF USE, BUSINESS INTERRUPTION, LOSS OF DATA, OR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL, OR CONSE­QUEN­TIAL DAMAGES ARISING OUT OF VMWARE STUDIO OR YOUR USE OF VMWARE STUDIO, UNDER ANY THEORY OF LIABILITY, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, PRODUCT LIABILITY, OR OTHERWISE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE PRECEDING LIMITATION MAY NOT APPLY TO YOU.

VMWARE’S LIABILITY ARISING OUT OF VMWARE STUDIO PROVIDED HEREUNDER WILL NOT, IN ANY EVENT, EXCEED US $5.00.

THE FOREGOING LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, REGARDLESS OF WHETHER VMWARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

10. These terms are governed by the laws of the State of California and the United States of America without regard to conflict of laws principles. You may not assign any part of this Agreement without the prior written consent of VMware. Any attempted assignment without consent shall be void. These terms constitute the entire agreement between you and VMware with respect to VMware Studio, and supersede all prior written or oral communications, understandings and agreements. Any waiver of these terms must be in writing to be effective. If any provision of these terms is found to be invalid or unenforceable, the remaining terms will continue to be valid and enforceable to the fullest extent permitted by law.